🏛️ What Are Fundamental Rights?
Fundamental Rights are a set of rights that are enshrined in the Constitution of India and are guaranteed to every citizen. These rights are essential for the overall development of individuals and help in maintaining dignity, freedom, and equality in a democratic society.
📜 Origin of Fundamental Rights in India
The concept of Fundamental Rights in India is inspired by the Bill of Rights of the United States and the Universal Declaration of Human Rights (UDHR). They are enshrined in Part III (Articles 12 to 35) of the Indian Constitution, and were adopted on 26th January 1950.
📚 Importance of Fundamental Rights
- 🔹 Protect Individual Liberty: Prevent arbitrary actions by the state.
- 🔹 Promote Social Equality: Uplift weaker and marginalized sections.
- 🔹 Preserve Democracy: Provide a check on the power of the government.
- 🔹 Empower Citizens: Encourage active participation in governance.
🔎 List of Fundamental Rights (Article-wise Breakdown)
1.
Right to Equality (Articles 14–18)
- Article 14: Equality before law
- Article 15: Prohibition of discrimination
- Article 16: Equality of opportunity in public employment
- Article 17: Abolition of untouchability
- Article 18: Abolition of titles
✅ Ensures equal treatment under the law irrespective of religion, caste, gender, etc.
2.
Right to Freedom (Articles 19–22)
- Article 19: Six freedoms (speech, movement, assembly, etc.)
- Article 20: Protection in respect of conviction for offenses
- Article 21: Right to life and personal liberty
- Article 21A: Right to education (6–14 years)
- Article 22: Protection against arbitrary arrest
✅ Guarantees personal freedom and security.
3.
Right against Exploitation (Articles 23–24)
- Article 23: Prohibition of human trafficking and forced labor
- Article 24: Prohibition of child labor in hazardous industries
✅ Protects individuals from social injustices and economic exploitation.
4.
Right to Freedom of Religion (Articles 25–28)
- Article 25: Freedom of conscience and religion
- Article 26: Freedom to manage religious affairs
- Article 27: No tax for religious promotion
- Article 28: Freedom from religious instruction in educational institutions
✅ Preserves secularism in India.
5.
Cultural and Educational Rights (Articles 29–30)
- Article 29: Protection of culture and language of minorities
- Article 30: Right of minorities to establish educational institutions
✅ Safeguards cultural identity and promotes diversity.
6.
Right to Constitutional Remedies (Article 32)
- Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
✅ Allows individuals to move the Supreme Court/High Courts for enforcement of Fundamental Rights through writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
⚖️ Can Fundamental Rights Be Suspended?
Yes. During a National Emergency (Article 352), some rights (except Article 20 and 21) may be suspended. Also, Article 33 allows Parliament to restrict these rights for members of the armed forces.
📌 Key Supreme Court Judgments
Shreya Singhal Case (2015): Upheld freedom of speech, struck down Section 66A of IT Act.
Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine.
Maneka Gandhi Case (1978): Expanded the interpretation of Article 21.